MP wants court to stop Raila, Kalonzo from boycotting poll

NASA presidential candidate Raila Odinga left and his running mate Kalonzo Musyoka right

Pokot South MP David Pkosing has filed a petition at the High Court seeking to stop NASA principals Raila Odinga and Kalonzo Musyoka from threatening to boycott or calling off the fresh presidential election slated for 26th of October.

The lawmaker filed the case under a certificate of urgency claiming that the respondents and their supporters have threatened and publicly declared that the fresh presidential election will not be held on October 26, unless their political demands which they have termed as ‘irreducible minimums’ are met.

Further, they claim that candidates nominated to contest in the fresh presidential election are bound by the order of the Supreme Court, which was made on September 1, to participate in the repeat election.

The Jubilee MP argues that if the fresh presidential election fails to take place by whatever means, the country is likely to plunge into a constitutional crisis.

“A declaration be issued to declare that any decision, action or omission by the 6th and 7th Respondents by themselves and their supporters or jointly with the 1st – 5th and 8th – 9th Respondents to boycott, subvert, impede, cause or otherwise ensure that the fresh presidential election scheduled to be held on 26th October 2017 is not conducted is unlawful,” the petition reads in part.

He argues that the acts by the two amounts to illegality and treason within the meaning of Articles 3, 38 and 138 (2) of the Constitution and Section 40 of the Penal Code.

The lawmaker asked the court to quash the gazette notice allowing Raila and Kalonzo to participate in the fresh election if they violate the order of the Supreme Court.

Pkosing wants the case heard and determined by October 19, 2017.

“It is extremely necessary and urgent that this Honorable Court intervenes appropriately with deliberate speed to ensure that a constitutional crisis is not triggered so long as the laws of Kenya can prevent it,” reads the petition.